Rhode Island 2023 Regular Session

Rhode Island House Bill H5649 Compare Versions

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55 2023 -- H 5649
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO ELECTIONS -- PRIMARIES FOR ELECTION OF DELEGATES TO
1616 NATIONAL CONVENTIONS AND FOR PRESIDENTIAL PREFERENCE
1717 Introduced By: Representatives Kislak, Dawson, Potter, Handy, Sanchez, Cotter,
1818 Speakman, Donovan, McGaw, and Boylan
1919 Date Introduced: February 15, 2023
2020 Referred To: House State Government & Elections
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Section 17-12.1-2 of the General Laws in Chapter 17-12.1 entitled "Primaries 1
2525 for Election of Delegates to National Conventions and for Presidential Preference" is hereby 2
2626 amended to read as follows: 3
2727 17-12.1-2. Number of delegates to be elected — Method of election. 4
2828 (a) At each primary there shall be elected for each congressional district of this state the 5
2929 number of delegates and alternates that shall be determined by the national committee of the party 6
3030 and certified to the secretary of state not later than the first Tuesday in January preceding the 7
3131 primary by the state committee of the party. The method of election of candidates for delegate shall 8
3232 be in accordance with party rules certified to the secretary of state by the chairperson of the state 9
3333 committee on or before the first Tuesday in January of each year a primary is to be held pursuant 10
3434 to this chapter. 11
3535 (b) The presidential preference primary shall be conducted using ranked choice voting as 12
3636 set forth in this chapter. The notice provided by the chairperson of a state committee under 13
3737 subsection (a) of this section shall indicate whether the party prefers the presidential preference 14
3838 primary tabulation to occur on a winner-take-all basis in accordance with § 17-12.1-17(b) or on a 15
3939 proportional basis in accordance with § 17-12.1-17(c). The notice shall further indicate how 16
4040 delegates are to be allocated and on what geographical basis delegates are to be allocated, whether 17
4141 statewide, by congressional district, by other geographic unit, or a combination thereof. If the party 18
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4545 requests tabulation occur on a proportional basis, the chairperson shall indicate what the applicable 1
4646 threshold for receiving delegates in the presidential preference primary will be. If a party fails to 2
4747 specify how to tabulate ballots, the presidential preference primary election for that party shall be 3
4848 tabulated on a statewide winner-take-all basis in accordance with § 17-12.1-17(b). 4
4949 (c) Nothing in this chapter shall be construed to preclude a political party from allocating 5
5050 delegates according to its own rules for allocating such delegates. 6
5151 SECTION 2. Section 17-12.1-4 of the General Laws in Chapter 17-12.1 entitled "Primaries 7
5252 for Election of Delegates to National Conventions and for Presidential Preference" is hereby 8
5353 amended to read as follows: 9
5454 17-12.1-4. Presidential candidates. 10
5555 (a) Any person seeking the endorsement of a national political party for which a primary 11
5656 is being held shall, during the ninety-fourth (94th) through and including the ninety-sixth (96th) 12
5757 day preceding the presidential preference primary being held, provide written notification to the 13
5858 secretary of state of his or her intention to run in the presidential preference primary. When the 14
5959 deadline falls on a Saturday, said written notification may be filed with the secretary of state on 15
6060 that Saturday until noon (12:00) p.m. The notification shall include the candidate’s name and 16
6161 address and a statement affirming their eligibility, under the laws and Constitution of the United 17
6262 States, to serve, if elected, in the office of President of the United States. The notification shall also 18
6363 include the name and contact information of the designee authorized by the presidential candidate 19
6464 to act in his/her stead in Rhode Island. 20
6565 (b)(1) Upon receipt of the notification referred to in subsection (a) of this section, the 21
6666 secretary of state shall, by six o’clock (6:00) p.m. on the same day, prepare petition papers for 22
6767 candidates who are eligible to serve in the office of President of the United States, clearly marked 23
6868 with the candidate’s name, party designation, and the office the candidate seeks; provided, 24
6969 however, that for notifications filed on a Saturday deadline by noon (12:00) p.m., petition papers 25
7070 shall be prepared by two o’clock (2:00) p.m. on that Saturday. 26
7171 (2) The petition papers of a candidate for president shall be signed, in the aggregate, by at 27
7272 least one thousand (1,000) eligible voters and shall be submitted on or before four o’clock (4:00) 28
7373 p.m. in the afternoon of the eighty-second (82nd) day before the presidential preference primary to 29
7474 the local board of the city or town where the signers appear to be voters, and the petition papers 30
7575 shall be checked, processed, and certified to the secretary of state by the local boards before four 31
7676 o’clock (4:00) p.m. in the afternoon of the sixty-ninth (69th) day before the presidential preference 32
7777 primary. When nomination papers have been duly certified by the appropriate local boards of 33
7878 canvassers, they shall be conclusively presumed to be valid, unless written objections to them are 34
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8282 made as to the eligibility of the candidate or the sufficiency of the nomination papers or the 1
8383 signatures on them. All objections shall be filed with the state board of elections by four o’clock 2
8484 (4:00) p.m. on the next business day after the last day fixed for local boards to file nomination 3
8585 papers with the secretary of state. Nothing in this section shall be construed to prevent the secretary 4
8686 of state from disqualifying a candidate based on the determination of the secretary of state that the 5
8787 nomination papers or the signatures on them are invalid or insufficient. 6
8888 (c) The decision of the state board shall be rendered not later than four o’clock (4:00) p.m. 7
8989 on the sixty-third (63rd) day before the presidential preference primary and shall immediately be 8
9090 certified by the state board to the secretary of state. 9
9191 (d) If any candidate for presidential nomination does not qualify for ballot placement, the 10
9292 names of delegates committed to this disqualified presidential candidate, who are otherwise 11
9393 qualified, shall appear on the ballot in accordance with party rules. 12
9494 (e) If any candidate whose name has been announced as a presidential nominee does not 13
9595 thereafter wish his or her name to appear on the ballot, the candidate shall, at least sixty-three (63) 14
9696 days prior to the date for the primary, file an affidavit with the secretary of state stating his or her 15
9797 name may not be placed on the ballot and the secretary of state shall not place that candidate’s 16
9898 name on the ballot. Said affidavit must be signed by the presidential candidate or his or her designee 17
9999 on file with the office of the secretary of state. Names of delegates committed to the withdrawn 18
100100 such candidate, who are otherwise qualified, shall appear on the ballot in accordance with party 19
101101 rules. 20
102102 (f) If any candidate whose name already appears on the ballot as a presidential nominee 21
103103 chooses to withdraw from consideration prior to the date established for the presidential preference 22
104104 primary election, that candidate shall file a signed letter of withdrawal with their national and state 23
105105 party chairpersons in compliance with any applicable party rules that may exist governing the 24
106106 timing, procedures, or substance of candidate withdrawals or suspensions. The candidate further 25
107107 shall file an affidavit with the secretary of state stating that the candidate is a withdrawn candidate 26
108108 and wishes to be treated as an inactive candidate in the tabulation conducted under § 17-12.1-17. 27
109109 Such affidavit must be signed by the presidential candidate or the candidates designee on file with 28
110110 the office of the secretary of state. 29
111111 SECTION 3. Section 17-12.1-8 of the General Laws in Chapter 17-12.1 entitled "Primaries 30
112112 for Election of Delegates to National Conventions and for Presidential Preference" is hereby 31
113113 amended to read as follows: 32
114114 17-12.1-8. Presidential preference primary. 33
115115 (a) On the same date and at the same time as the election of delegates to national 34
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119119 conventions, as provided in § 17-12.1-1, there shall be held a presidential preference primary for 1
120120 each political party at which each party voter shall have one vote with the opportunity to vote rank 2
121121 his or her preference preferences for his or her choice for one person which candidate should to be 3
122122 the candidate presidential nominee of his or her party for president of the United States. The voter 4
123123 shall also have the ability to rank “uncommitted” among his or her preferences. 5
124124 (b) The secretary of state shall place on the ballot the name of all persons qualified as 6
125125 candidates for presidential nominee as provided in § 17-12.1-4, and who have not filed with the 7
126126 secretary of state the affidavit as provided in § 17-12.1-4(e). The lists of candidates for delegate 8
127127 shall be placed on a separate portion of the ballot and shall be grouped by and clearly indicate 9
128128 which candidate for presidential nominee approved the individual’s candidacy, and shall list under 10
129129 the name of each candidate for presidential nominee, arranged by lot, the names of all candidates 11
130130 for delegates to a national convention who submitted the approval of the candidate for presidential 12
131131 nominee as set forth in § 17-12.1-7. All other candidates for delegates to a national convention shall 13
132132 be listed on the ballot, arranged by lot, as uncommitted, unless otherwise specified in party rules. 14
133133 SECTION 4. Section 17-12.1-9 of the General Laws in Chapter 17-12.1 entitled "Primaries 15
134134 for Election of Delegates to National Conventions and for Presidential Preference" is hereby 16
135135 amended to read as follows: 17
136136 17-12.1-9. Voting for nominees and delegates — Designation of winning delegates. 18
137137 (a) Each voter shall vote rank, within that voter’s party presidential preference primary, his 19
138138 or her preferences among for the presidential nominees of that voter’s choice and or may express 20
139139 among those preferences a ranking that voter’s choice for no nominee in a space provided and 21
140140 designated “uncommitted.” 22
141141 (b) Each voter shall vote, within that voter's party delegate election primary and for any or 23
142142 all of the number of elected delegates allocated to Rhode Island by the respective national 24
143143 committees. 25
144144 (c) The number of delegates and the designation of the winning delegates shall be 26
145145 determined pursuant to the rules of the political party filed with the secretary of state as provided 27
146146 by this chapter. 28
147147 SECTION 5. Section 17-12.1-11 of the General Laws in Chapter 17-12.1 entitled 29
148148 "Primaries for Election of Delegates to National Conventions and for Presidential Preference" is 30
149149 hereby amended to read as follows: 31
150150 17-12.1-11. Form of ballot. 32
151151 (a) The order on the ballot, subject to final determination of any objections filed with the 33
152152 board of elections and the removal of said individual(s) by the secretary of state post-lot, of the 34
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156156 presidential nominees and delegates and the uncommitted delegates shall be chosen by lot under 1
157157 the direction of the secretary of state. 2
158158 (b) Individuals committed to a particular presidential candidate or uncommitted shall 3
159159 appear in a manner so that the candidates for delegates shall be readily identified with the 4
160160 presidential candidate to whom they are committed or shall appear in a manner that clearly shows 5
161161 they are uncommitted. 6
162162 (c) No person shall appear on the ballot as a candidate for delegate more than once. 7
163163 (d) There shall be nothing on the ballot to indicate or suggest any political party 8
164164 endorsement. 9
165165 (e) The secretary of state shall prepare and arrange the ballot for use in the primaries 10
166166 authorized in this title, which shall include, as to the candidates for delegates, the person to whom 11
167167 the candidates are committed and any other information and instruction that the secretary of state 12
168168 shall deem necessary. 13
169169 (f) The ballot shall allow voters to rank five (5) qualified presidential candidates in order 14
170170 of choice. 15
171171 SECTION 6. Section 17-12.1-12 of the General Laws in Chapter 17-12.1 entitled 16
172172 "Primaries for Election of Delegates to National Conventions and for Presidential Preference" is 17
173173 hereby amended to read as follows: 18
174174 17-12.1-12. Definitions. 19
175175 For the purposes of this chapter the following terms have the meaning indicated as follows: 20
176176 (1) “Active candidate” means any candidate who has not been eliminated during tabulation 21
177177 or is not a withdrawn candidate within the meaning of § 17-12.1-12(12). 22
178178 (2) “Highest-ranked active candidate” means the active candidate assigned to a higher 23
179179 ranking than any other active candidates on a ballot. 24
180180 (3) “Inactive ballot” is a ballot that does not count for any candidate for any of the reasons 25
181181 given in § 17-12.1-17(e). 26
182182 (4) “Overvote” means an instance in which a voter has ranked more than one candidate at 27
183183 the same ranking order. 28
184184 (1)(5) “Political party” is defined as provided in § 17-1-2(9). 29
185185 (6) “Ranking order” means the number available to be assigned by a voter to a candidate 30
186186 to express the voter’s choice for that candidate. The number “1” is the highest ranking order, 31
187187 followed by “2” and then “3” and so on. 32
188188 (7) “Round” means an instance of the sequence of voting tabulation beginning with § 17-33
189189 12.1-17(b)(1) for winner-take-all selection of delegates or § 17-12.1-17(c)(1) for proportional 34
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193193 selection of delegates. 1
194194 (8) “Skipped ranking” means a voter has left a ranking order unassigned but ranks a 2
195195 candidate at a subsequent ranking order. 3
196196 (9) “Threshold for receiving delegates” means the amount of votes necessary for a 4
197197 presidential candidate to receive delegates in a presidential preference primary election conducted 5
198198 in accordance with § 17-12.1-17(c). 6
199199 (2)(10) “Uncommitted” means a candidate for delegate not approved by, obligated, or 7
200200 committed to any particular presidential contender. 8
201201 (11) “Undervote” means a ballot that does not contain any candidates at any ranking in a 9
202202 particular contest. 10
203203 (12) “Withdrawn candidate” means any candidate who filed all requisite letters or 11
204204 affidavits required under § 17-12.1-4(f). 12
205205 SECTION 7. Section 17-12.1-14 of the General Laws in Chapter 17-12.1 entitled 13
206206 "Primaries for Election of Delegates to National Conventions and for Presidential Preference" is 14
207207 hereby amended to read as follows: 15
208208 17-12.1-14. Recount. 16
209209 (a) Upon application, the state board of elections shall conduct a recount for a presidential 17
210210 candidate or delegate for a winning candidate when there is a two hundred (200) or less vote 18
211211 difference in the final round of tabulation between the losing candidate or delegate and the winner. 19
212212 (b) Upon application, the state board of elections shall conduct a recount for a delegate for 20
213213 a winning presidential candidate when there is a two hundred (200) or less vote difference between 21
214214 the losing delegate and the winner. 22
215215 (c) A recount under subsection (a) or (b) of this section Said recount shall be conducted by 23
216216 re-reading the programmed memory device or devices and comparing the results and totals obtained 24
217217 at such recount with the results and totals obtained on election night. 25
218218 (b)(d) The state board shall have the authority to adopt rules and regulations to implement 26
219219 and administer the provisions of this section. 27
220220 SECTION 8. Chapter 17-12.1 of the General Laws entitled "Primaries for Election of 28
221221 Delegates to National Conventions and for Presidential Preference" is hereby amended by adding 29
222222 thereto the following section: 30
223223 17-12.1-17. Ranked choice voting tabulation. 31
224224 (a) In any state-administered presidential preference primary election for President of the 32
225225 United States conducted using ranked choice voting, each ballot shall count as one vote for the 33
226226 highest-ranked active candidate on that ballot. Withdrawn candidates shall be treated the same as 34
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230230 candidates who have been eliminated from tabulation. A ranking of “uncommitted” shall be treated 1
231231 the same as a ranking containing a candidate. Each round proceeds sequentially as described in 2
232232 subsection (b) or (c) of this section, as applicable. 3
233233 (b) If a party awards delegates to a single candidate on a winner-take-all basis, tabulation 4
234234 shall proceed as follows: 5
235235 (1) If two (2) or fewer active candidates remain, then tabulation is complete. Otherwise, 6
236236 tabulation proceeds to subsection (b)(2) of this section. 7
237237 (2) The active candidate with the fewest votes is eliminated, votes for the eliminated 8
238238 candidate are transferred to each ballot’s next-ranked active candidate, and a new round begins 9
239239 with subsection (b)(1) of this section. 10
240240 (c) If a party awards delegates to multiple candidates on a proportional basis, tabulation 11
241241 shall proceed as follows: 12
242242 (1) If the vote total of every active candidate is above the party’s threshold for receiving 13
243243 delegates, then tabulation is complete. Otherwise, tabulation proceeds to subsection (c)(2) of this 14
244244 section. 15
245245 (2) The active candidate with the fewest votes is eliminated, votes for the eliminated 16
246246 candidate are transferred to each ballot’s next-ranked active candidate, and a new round begins 17
247247 with subsection (c)(1) of this section. 18
248248 (d) If two (2) or more candidates are tied with the fewest votes and tabulation cannot 19
249249 continue until the candidate with the fewest votes is eliminated, then the candidate to be eliminated 20
250250 shall be determined by lot. Election officials may resolve prospective ties between candidates prior 21
251251 to tabulation after all votes are cast. The result of any tie resolution must be recorded and reused in 22
252252 the event of a recount. 23
253253 (e) An inactive ballot does not count for any candidate. A ballot is inactive if any of the 24
254254 following is true: 25
255255 (1) It does not contain any active candidates and is not an undervote. 26
256256 (2) It has reached an overvote. 27
257257 (3) It has reached two (2) consecutive skipped rankings. 28
258258 (f) An undervote does not count as an active or inactive ballot in any round of tabulation. 29
259259 (g) When the secretary of state certifies the results of the election, the secretary shall certify 30
260260 the results of each round tabulated pursuant to subsection (b) or (c) of this section, as applicable, 31
261261 along with any other information required under § 17-12.1-18, to the state chairperson and the 32
262262 national committee of each political party that had at least one candidate on the state-administered 33
263263 presidential primary election ballot to allocate national delegate votes in accordance with the party's 34
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267267 state and national rules. 1
268268 17-12.1-18. Results reporting. 2
269269 (a) The secretary of state shall promulgate rules or guidance to facilitate the release of 3
270270 unofficial preliminary round-by-round results and unofficial preliminary cast vote records as soon 4
271271 as feasible after the polls close and at regular intervals thereafter until the counting of ballots is 5
272272 complete. 6
273273 (1) Unofficial preliminary round-by-round results shall be clearly labeled as preliminary 7
274274 and, to the extent feasible, shall include the percent of ballots counted to date. 8
275275 (2) Unofficial preliminary cast vote records shall be: 9
276276 (i) Clearly labeled as preliminary and, to the extent feasible, shall include the percent of 10
277277 ballots counted to date; 11
278278 (ii) Published online in a publicly accessible, electronic format; and 12
279279 (iii) Identifiable by precinct to the extent such identification can be provided consistent 13
280280 with the need to maintain voter privacy. 14
281281 (3) In adopting rules or guidance under this subsection, the secretary of state shall consult 15
282282 with and allow for input from local election officials, and national and state party representatives. 16
283283 (b) In addition to any other information required by law to be reported with final results, 17
284284 the secretary of state shall make public: 18
285285 (1) The total number of votes each candidate received in each round of the official 19
286286 tabulation, including votes for withdrawn candidates; 20
287287 (2) The total number of ballots that became inactive in each round because they did not 21
288288 contain any active candidates, reached an overvote, or reached two (2) consecutive skipped 22
289289 rankings, reported as separate figures; and 23
290290 (3) The cast vote records in a publicly accessible, electronic format and in a manner 24
291291 identifiable by precinct to the extent such identification can be provided consistent with the need 25
292292 to maintain voter privacy. 26
293293 (c) The secretary of state shall provide round-by-round results for each party on the 27
294294 geographical basis or bases identified in the notice submitted by the chairperson of that party’s state 28
295295 committee pursuant to § 17-12.1-2. 29
296296 17-12.1-19. Rulemaking authority. 30
297297 The secretary of state shall have the authority to promulgate whatever rules, regulations, 31
298298 and procedures are necessary to implement this chapter. 32
299299 SECTION 9. Nothing in this act shall be construed or implemented in a manner that would 33
300300 effectively foreclose the use of or substantially increase the cost of adopting a ballot structure or 34
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304304 voting system compatible with fusion voting. For the purposes of this act, fusion voting is an 1
305305 electoral system that allows two (2) or more political parties to indicate their endorsement of a 2
306306 single candidate for office on the ballot. 3
307307 SECTION 10. If any provision of this act, or the application of any provision of this act to 4
308308 any person or circumstance, is held to be unconstitutional, the remainder of this act and the 5
309309 application of its provisions to any person or circumstance shall not be affected by the holding. 6
310310 SECTION 11. This act shall take effect upon passage. 7
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317317 EXPLANATION
318318 BY THE LEGISLATIVE COUNCIL
319319 OF
320320 A N A C T
321321 RELATING TO ELECTIONS -- PRIMARIES FOR ELECTION OF DELEGATES TO
322322 NATIONAL CONVENTIONS AND FOR PRESIDENTIAL PREFERENCE
323323 ***
324324 This act would establish the ranked choice voting for Rhode Island Presidential primaries 1
325325 and provides for new sections on ranked choice voting tabulation and results reporting. 2
326326 This act would take effect upon passage. 3
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